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This time, it was distributed on CONSPIRIT's official channel on YOUTUBE.Episode 37: Boost your quality of life with real estate management!I would like to send you the contents.

This time, I would like to briefly explain the key points of the revised Civil Code that are difficult to ask about now.

About the Revised Civil Code

In April 2020, the Civil Code was revised for the first time in 120 years.
Although it was widely covered in the industry at the time, it appears that it was not widely known, given the timing of its implementation, which was right when the COVID-19 pandemic began in earnest.

Highly literate owners may say this is obvious, but when I speak to them in individual consultations, I am surprised at how often they respond with, "Oh, is that so?" So today I would like to briefly explain the important parts of this Civil Code amendment that apply to real estate owners.

How the Civil Code Revision Affects Real Estate Owners

The impact of this amendment to the Civil Code on property owners is as follows:

① From "warranty liability" to "liability for non-conformity with contract"
② Handling of rent reduction due to partial loss of facilities
3) Review of landlord's repair obligations and establishment of "tenant's repair right"
④ If an individual is acting as a guarantor, it is invalid if there is no maximum amount specified.
⑤ Clarifying rules for the return of security deposits

I think that's about it.

In addition to the above, various other changes and rules have been clarified.
There are many parts,
This time, we will look at these five items.

① From "warranty liability" to "liability for non-conformity with contract"

This is for those who have experience buying and selling since the amendment.
You may have noticed that the wording has changed.

Previously, Article 570 of the Civil Code covered "defects," i.e., regarding purchased property.
Something that you might not notice even if you pay regular attention.
If there are any "invisible scratches",
The seller was responsible for that.

This is what the revised Civil Code says:
The wording has been changed to "something that does not conform to the content of the contract."
Previously, this was considered to be within the scope of statutory liability, but
In other words, the "contractual responsibility" of this amendment is as follows:
It fell into the category of "default."

What this changes is that
The subject of non-conformity is:
It is said that this is not limited to the "primitive defects" that have existed until now.
In addition to terminating the contract and claiming damages, the buyer
Requests for completion or reductions in price are also permitted.

In addition, the buyer's good faith and lack of negligence are no longer requirements for termination.
This change can be seen as being strongly geared towards protecting buyers.

② Handling of rent reduction due to partial loss of facilities

In the traditional civil law,
The phrase "You may request a reduction in rent" has changed to
After the amendment, Article 611 has been changed to the stronger expression "reduced."

This is another major change for owners who are responsible for maintaining and repairing facilities.

However, the article states, "In the event that a part of the leased property becomes unable to be used or profited from due to loss or other reasons,
If it is due to reasons beyond the control of the tenant,
The rent shall be reduced in proportion to the portion of the property that is no longer in use and profitable."

It is as follows:
It is not clear how much of a reduction would be appropriate.
In the materials of the Japan Association of Musicians,
Specific guidelines for reductions are provided.
I think this can be a good guideline.

This guideline is
It is also available on the web,
Please check.

3) Review of landlord's repair obligations and establishment of "tenant's repair right"

Under the previous Article 606 of the Civil Code,
"The lessor is obligated to make the necessary repairs if a defect occurs in the rented premises that impedes the tenant's use."

It was simply stipulated that.
In other words, up until now, the issue of "intentional or negligent acts on the part of the tenant"
So it wasn't touched upon.

After the amendment,
If repairs become necessary due to reasons attributable to the tenant,
This has now been amended so that the owner has no obligation to make repairs.
However, in reality, most contracts state that "intentional or negligent acts on the part of the tenant are excluded."
There is a strong sense that this was clarified after the fact, given the current situation.

In addition, Article 607-2 of the revised Civil Code states:
The "tenant's right of repairs" has been newly codified.
In fact, this has been recognized under previous civil law precedents,
It has been clarified once again.

The tenant requests the owner to make repairs,
If repairs are not made within a certain period of time,
In case of urgent circumstances,
This means that tenants are free to make any necessary repairs themselves.
Furthermore, the cost will be borne by the owner.

④ If an individual is acting as a guarantor, it is invalid if there is no maximum amount specified.
⑤ Clarifying rules for the return of security deposits

As the title says,
Detailed explanation is omitted, but
Both of these regulations impose financial restrictions on owners.

Summary of the revised Civil Code

Just to pick out some of the changes,
It was quite a large portion.
In practice, the management company will be the main player in handling this.
I think there are many.

However, as a real estate owner
I think it's still a problem to say "I don't know anything at all."
What are the changes in the Civil Code that are related to rental property management even now?
I'd like you to check it out!

Learn about real estate management

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